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20121201
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us this gregory of the center for democracy and technology. what is the current law when it comes to law enforcement and e- mails and cell phones? >> the short answer is that it is confused. for e-mail that is less than 180 days old, law makers need a warrant. for more than 180 days, it is just a subpoenas of there is no judicial intervention or high standard of proof. for documents to store in the clouds, that is also available with a subpoena. with cell phones there is the statutory provision. this has been in different places. they need a warrant. others say if it is gps location they need a warrant. there is not a clear role. >> what are the changes that the senate judiciary committee has approved? >> they focused on content of communications. they said it should not matter how old the content is. it should matter how you started with a service provider or that one. they said there should be a warrant required. they maintain the existing exceptions to the requirement in current law. if there is this, they are able to get a voluntary disclosure from the provider right away. >>
changes may mean two different groups. joining us here on our washington d.c. site is gregory nojeim at the center for democracy and technology. what is the current law when it comes to law enforcement and e-mails and cell phones? >> guest: the short answer is that is confused and the longer answer is for e-mail that is less than 180 days old law enforcement need to warrant -- for e-mail more than 180 years old, it is just a subpoena, so there's no judicial intervention, no high standard of proof. for documents you store in the clouds, if you store something with google docs and come back and edit it, that is available with a subpoena. cell phones, there is no statutory provision about location information. so the courts have been in different places. some say if it is real-time location, for that they need a warrant. others say this gps location for that they need a warrant. there is not a clear rule yet for cell phone. >> host: what are the changes the judicial committee has approved? >> guest: they focus on content of communications. they said it should matter how will the content
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